Pakistan (Control of Entry) Act, 1952

PAKISTAN (CONTROL OF ENTRY)

ACT, 1952

 

 

 

 

 

THE

 PAKISTAN (CONTROL OF ENTRY) ACT, 1952
(LV OF 1952)
14th December, 1950

An Act to make better

provision for controlling the

entry of Indian Citizen into Pakistan.

 

Whereas it is expedient to make better provision for controlling the entry of Indian Citizen into Pakistan;

 

It is hereby enacted as follows :–

 

1.         Short title, extent and commencement.-(1) This Act may be called the Pakistan (Control of Entry) Act, 1952.

 

(2)        It extends to the whole of Pakistan.

 

(3)        It shall come into force at once.

 

2.         Definitions.-In this Act, unless there is anything repugnant in the subject or context :–

 

(a)        ‘enter‘ means enter by water, land or air;

 

(b)        ‘passport’ means a passport issued or renewed by or under the authority of a person duly empowered to issue or renew it and satisfying the conditions prescribed relating to the class of passports to which it belongs;

 

(c)        ‘visa‘ means a visa duly endorsed by any authority empowered in this behalf by or under authority of the Federal Government on a passport valid and in force;

 

(d)        ‘permit’ means a permit issued or renewed by or under the authority of a person duly empowered to issue or renew it under the Pakistan (Control of Entry) Ordinance (XVII of 1984), and satisfying the conditions prescribed relating to the class of permits to which it belongs;

 

(e)        ‘Indian Citizen’ means a person who is or is deemed to be a Citizen of India under the law for the time being in force in India;

 

(f)         ‘Pakistani Citizen’ means a person who Is or Is deemed to be a Citizen of Pakistan under the law for the time being In force in Pakistan;

 

(g)        ‘Officer’ means an officer or an employee of the Federal Government or of a Provincial Government or of an Acceding State.

 

3.         Control of entry.– (1) No Indian Citizen shall, unless exempted by a provision made under this Act, enter any part of Pakistan unless he is in possession of a passport with a visa authorizing the entry.

 

(2)        No Pakistani Citizen shall, unless exempted by a general or special order made under this Act, enter from India into any part of Pakistan, unless he is in possession of a passport, an emergency certificate, a repatriations certificate or any other travel document provided for under this Act:
Provided that if he has entered India on a permit issued under any law for the time being inforces in India he shall be allowed to return to Pakistan before the expiry of :–

 

(a)        the period specified in the permit, or

(b)        the period of three months beginning on the 14th October, 1952, whichever is the shorter.

 

(3)        No Indian Citizen who has entered any part of Pakistan before the 18th October, 1952, without a passport shall, unless exempted under this Act, remain in Pakistan beyond the expiry of a period of three months beginning in the 14th October, 1952, or if he has enter on a permit, the period specified therein, whichever is the shorter,

 

(4)        No person shall enter Pakistan except in compliance with the rule governing entry by specified routes by a checkpost through which he is to pass, and unless he has registered himself with such authorities and in such manner as may be prescribed in this behalf.

 

(5)        After the commencement of this Act every Indian Citizen shall, (omitted by the Pakistan (Control of Entry) (Amdt.) Act, 1956 (12 of 1956), S. 2 be governed by and shall comply with the rules made under this Act.

 

(6)        No Indian Citizen having entered any part of Pakistan and being in possession of a valid passport duly visased for Pakistan shall remain thereinafter the expiry of the period or stay authorised in the visa unless It is extended or renewed by any authority to be specified in the rules made under this Act, (Ins. Ibid).

 

4.         Penalty.– Whoever contravene any of the provisions of Section 3 shall, for every such contravention, be punished with imprisonment may extend to one year or with a fine which may extend to one hundred rupees, or with both.

 

5.         False informing.– Any person who for the purpose of obtaining a passport or a visa or claiming an exemption made any of the provisions of this Act or the rules made thereunder makes a statement which he knows to be untrue or does not believe to be true, or makes use of a statement which he knows to be untrue or has reason to believe to be untrue shall be punished with imprisonment which may extend to one year or with a fine which may extend to one thousand rupees or with both.

 

6.         Power to arrest.– (1) any police officer, customs-officer, or other officer empowered in this behalf by a general or special order of the Federal Government or of a Provincial Government or of the Government of an acceding state or under a rule made under this Act, may arrest without a warrant any person who such officer reasonably suspects of having contravened any of the provisions of section 3.

 

(2)        An officer making an arrest under this section shall, without unnecessary delay, take the person arrested or cause him to be taken before a competent Magistrate having jurisdiction in the place where the arrest is made, or to the officer in charge of a police-station within whose jurisdiction the arrest is made, and the provisions of the Code of Criminal Procedure (V of 1898), or, when the arrest is made in a state of the corresponding law for the time being in force in that state shall, so far as may be, apply in respect of such arrested person.

 

7.         Power to remove from Pakistan.-(1) The Federal Government may order any person who is not a Citizen of Pakistan convicted under section 4 or section 5 to remove himself from Pakistan within the time specified in the order.

 

(2)        If such person refuses or fails to remove himself within the specified time-

 

(a)        he shall be furnished with imprisonment which may extend to one year or with a fine which may extend to one thousand rupees or with both, and

(b)        he may be removed from Pakistan under the order of the Federal Government who may use all such means as may, in the circumstances, necessary to effect the removal.

 

(3)        The Federal Government may, by a general or special order, direct that the power to make orders under sub-section (L) and clause (b) of sub-section (2) shall be exercisable also by a Provincial Government of the Government of an Acceding State, subject to such conditions, if any, as may specified in the direction.

 

8.         Power to make rules.-(1) The Federal Government may, by notification in the official Gazette, make rules to carry into effect the purposes of this Act.

 

(2)        Without prejudice to the generality of the foregoing power, the rule may provide for-

 

(a)        the different types of visa which may be granted;

 

(b)        the authorization or appointment of persons by whom visas may be granted, varied, extended and cancelled ;

 

(c)        the charges and fees payable for obtaining application forms and visas and the extension of visas;

 

(d)        the conditions and restrictions which Indian Citizens may be required to comply with

 (omitted be the Pakistan Control of Entry) (Amendment) Act, 1956 (12 of 1956) section 2;

 

(g)        the alteration or modification of or exemption from any condition or restriction imposed under a visa on the holder of a passport after this entry into Pakistan;

 

(h)        the fixing and notification of checkpost and routes; and

 

(i)         the procedure for registration and reporting to the police required under the rules for certain categories of visa-holders.

 

(3)        Rules made under this section may provide that any order issued thereunder shall be punishable with imprisonment for a term which may extend to one year, or with a fine which may extend to one thousand rupees, or with both. (Ins. ibid).

 

This section gives power to the Federal Government to make rules to carry it o effect the purposes of the Act.

 

Rules made under this section, may provide that any contravention thereof or of any order issued thereunder shall be punishable with imprisonment for a term which may extend to one year, or with a fine which may extend to one thousand rupees, or with both.

 

9.         Delegation of powers.-The Federal Government may be order direct that any power conferred on it under this Act may in such circumstances and under such conditions, if any, be specified in the order be exercised by any officer or authority subordinate to it or specified by it.

 

10.       Protection of persons acting under the Act. –No prosecution, suit or other legal proceeding shall be commenced against any person In respect of anything done or purporting to be done in exercise of the powers conferred by or under this Act, except with the sanction of the Federal Government or the Provincial Government or the Government of the State concerned.

 

11.       Repeal of Ordinance X of 1952 and savings l0.-(1) The Pakistan (Control of Entry) Ordinance, 1952, is hereby repealed but the repeal by that Ordinance subject to the provisions of section 3 thereof the Pakistan (Control of Entry) Ordinance (XVII of 1948), is hereby declared to be subject to the provisions of section 3 of this Act.

 

(2)        Notwithstanding such repeal, anything done or any action taken in the exercise of any power conferred by or under the said Ordinance shall be deemed to have been done or taken in the exercise of the powers conferred by or under this Act as if this Act had been in force on the day on which such thing was done or such action was taken.